Nirvana's Former 'Nevermind' Cover Baby Had His Child Porn Suit Against The Band Dismissed

Spencer Elden claims he lost his "enjoyment of life" because of the cover.

Global Staff Writer
Nirvana's Former 'Nevermind' Cover Baby Had His Child Porn Suit Against The Band Dismissed

A U.S. federal judge has tossed out a lawsuit filed by the former baby on a Nirvana album cover after he accused the band of child porn.

The lawsuit was filed last year by Spencer Elden, who was four months old when he was photographed naked in a pool for Nirvana's Nevermind cover art.

Elden, now 30, claimed that the popular image caused him "extreme and permanent emotional distress," according to BBC. He also accused the band of sexual exploitation and child pornography.

However, Nirvana was not having it with Elden's claims, and their lawyers pointed out that up until recently, he seemed to have enjoyed the fame that came with being the baby on the cover.

"Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious," Nirvana's lawyers said.

They pointed out that Elden has recreated the photo shoot multiple times over his life, and that he also has tattoos based on the shoot.

"He has reenacted the photograph in exchange for a fee, many times; he has had the album title 'Nevermind' tattooed across his chest; he has appeared on a talk show wearing a self parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women," Nirvana's lawyers argued in court documents, according to The Associated Press.

The lawyers represent the surviving members of the band, Dave Grohl and Krist Novoselic; Kurt Cobain's widow, Courtney Love; and the photographer of the image, Kirk Weddle.

They also argued that it was too late for Elden to sue the band since the statute of limitations on his claims expired back in 2011.

Elden's team had until December 30 to respond to the motions but missed their deadline.

The judge has dismissed the case, giving Elden's team until January 13 to refile with relevant changes.

Elden's lawyers said after the ruling that they're not giving up.

"We are confident that Spencer will be allowed to move forward with his case," said Elden's lawyer Robert Lewis.

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